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The Role of the Virginia Adult Protective Services Unit in Fighting Nursing Home Abuse

The Commonwealth of Virginia has established the Adult Protective Services Unit, which is a branch of the Virginia Department of Social Services, to investigate reports of abuse, neglect and exploitation of elderly and mentally incapacitated adults. This protective service was codified in Section 63.2-1604 of the Virginia Code. The Code outlines the specific responsibilities of the Unit which include the following:

• Support and evaluate local adult protective service programs;
• Develop new programs that are capable of preventing, identifying and responding to abuse;
• Educate the public about elder and adult abuse by preparing and presenting educational programs and materials;
• Train social workers to be able to analyze, identify and process reports and claims of abuse;
• Work collaboratively with other agencies throughout the Commonwealth of Virginia to facilitate investigations for reports of suspected nursing home abuse or neglect.

The Virginia Adult Protective Services Unit maintains a 24-hour hotline that can be used by nursing home residents, elderly citizens, mentally disabled adults or family members to report instances of abuse. There are numerous types of abuse that regularly occur in the Commonwealth of Virginia such nursing home neglect, financial exploitation and other forms of physical and sexual abuse.

When someone calls to report an incident of abuse to the Adult Protective Services Unit, the Unit will take steps to ensure that the report is a valid claim and will begin a formal investigation into the complaint within 24 hours of receiving the report. An assigned social services agent may begin an investigation by interviewing the victim of the alleged abuse, the alleged abuser or staff at the nursing home facility, as well as any other individuals who may have knowledge of the alleged abuse. Social service agents also have the authority to take photographs, create videos, and obtain information about the victim’s environment to the extent that it is relevant to the abuse investigation.

In the event that an incapacitated adult is being abused or exploited by his or her power or attorney or care provider, the Adult Protective Services Unit may petition the court to have the individual moved to a different location or placed under the care of a different individual until the investigation has concluded. In cases where the adult is competent and capable of making decisions on his or her own behalf, the Adult Protective Services Unit will take steps to assist the individual in relocating to a different facility so as to immediately stop any pattern of abuse.

If a report of sexual abuse, death, serious bodily injury, disease or any other criminal activity is made to the Adult Protective Services Unit hotline, the Unit will have an obligation to contact a local Virginia law enforcement agency immediately to attempt to remove the alleged victim as soon as possible. Any reports, evidence or written findings that are obtained by the Adult Protective Services Unit or shared with local law enforcement officials are to be kept confidential under Section 63.2-1605 of the Virginia Code.

Certain individuals such as health care providers, mental health service providers, guardians, conservators, nursing home staff or any other individual who is hired to provide personal care or homemaker services to an elderly or incapacitated adult has a duty to report suspected instances of abuse. Individuals who have a duty to report suspected instances of abuse but fail to do so may be subject to civil penalties and fines.

Other individuals such as bank tellers, family members and friends who have access to the individual or his or her financial accounts do not have an explicit duty to report suspected instances of abuse; however, they are urged to do so. Reports can be made to the Virginia Adult Protective Services hotline by calling (888) 832-3858. If you have decided to file a nursing home or adult abuse report on your own behalf or on behalf of someone else, you should also consider contacting a local attorney who can protect your legal rights and determine if you may have a compensable claim.




Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Email: info@weislaw.com
www.weislaw.com